RECORD OF PROCEEDINGS


	IN THE CASE OF:  
	 

	BOARD DATE:           16 August 2005
	DOCKET NUMBER:  AR20050000912


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Mr. Carl W. S. Chun

Director

Ms. Beverly A. Young

Analyst


The following members, a quorum, were present:


Mr. Melvin Meyer

Chairperson

Mr. John Meixell

Member

Mr. James Gunlicks

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart (First Oak Leaf Cluster).

2.  The applicant states, in effect, that his records should reflect the Purple Heart (First Oak Leaf Cluster).  He states that his DD Form 214 shows one Purple Heart, but he received two awards of the Purple Heart for action on 13 May 1968 and 18 May 1968.

3.  The applicant provides two award certificates for the Purple Heart for wounds received on 13 May 1968 and 18 May 1968.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an alleged error which occurred on 10 August 1968.  The application submitted in this case is dated 30 December 2004.  

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant was inducted into the Army on 7 September 1966.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11E (Armor Crewman).  He was assigned to Troop B, 1st Squadron, 1st Cavalry in Vietnam on 10 August 1967.  

4.  Item 40 (Wounds) on the applicant's DA Form 20 (Enlisted Qualification Record) shows he received shrapnel wounds to his back on 13 May 1968.  His DA Form 20 also shows he received shrapnel wounds to his chest on 18 May 1968.  The applicant's name is listed twice on the Vietnam Casualty Roster.

5.  Headquarters, 27th Surgical Hospital General Orders Number 30 dated 19 May 1968 awarded the applicant the Purple Heart (First Oak Leaf Cluster) for wounds received in action on 18 May 1968.

6.  Headquarters, Americal Division General Orders Number 3538 dated 29 June 1968 awarded the applicant the Purple Heart (First Oak Leaf Cluster) for wounds received in action on 18 May 1968.

7.  The applicant departed Vietnam on 9 August 1968 after being credited with participation in four campaigns.

8.  The applicant was released from active duty on 10 August 1968.  His DD Form 214 shows he was awarded the Purple Heart, the Army Commendation Medal, the National Defense Service Medal, the Good Conduct Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, two Overseas Bars, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

9.  Headquarters, Department of the Army General Orders Number 8, dated 1974, awarded all units which served in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

10.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

11.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 currently reflects one award of the Purple Heart. However, his Enlisted Qualification Record and the Vietnam Casualty Roster shows he was wounded twice as a result of hostile action in Vietnam.

2.  General orders published by the 27th Surgical Hospital and the Americal Division awarded the applicant the Purple Heart (First Oak Leaf Cluster) for wounds received in action on 18 May 1968 (although the Americal Division was an erroneous duplicate award).  Therefore, it would be appropriate to amend his DD Form 214 to show the Purple Heart (First Oak Leaf Cluster).
3.  The applicant received credit for participation in four campaigns during the Vietnam War.  Therefore, his DD Form 214 should be administratively corrected to show four bronze service stars for wear on his Vietnam Service Medal.

4.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.  Therefore, this foreign unit award should be added to his DD Form 214.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 10 August 1968.  Therefore, the time for the applicant to file a request for correction of any error or injustice expired on 9 August 1971.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file in this case based on the fact there is no statute of limitations on requests for award of the Purple Heart.

BOARD VOTE:

MM______  JM______  JG______  GRANT RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding award of the Purple Heart (First Oak Leaf Cluster), the Vietnam Service Medal with four bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.




		Melvin Meyer__________
		        CHAIRPERSON





INDEX

CASE ID
AR20050000912
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20050816
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Mr. Schneider
ISSUES         1.
107.0015
2.

3.

4.

5.

6.